Health & Safety Stakeholder Reference Group

1. Health & Safety Stakeholder Reference Group 26 April 2012 2 - 4pm Level 7, 222 Exhibition Street

2. Welcome, Minutes, Action items 2017 strategy update Prevention Strategy Update LPIS update Other Business Close AgendaMarlo Baragwanath Time Agenda item 2.00 2.05 2.25 2.55 3.05 3.10

3. Apologies, Minutes, Actions Apologies Previous Minutes - SRG dated 29 March 2012 Action items from previous meeting

4. WorkSafe 2017 FeedbackKey Themes 26 April 2012

5. Five discussion papers were sent to stakeholders for comment in Feb-March Health & Safety Program Development & Delivery Mental Wellbeing Return to Work Medical & Allied Health Service delivery Claims management and premium

6. Key themes from all stakeholder feedback Stakeholders who sent feedback Key themes Broad support for the strategy & interest in ongoing engagement Recognition of work done to date on mental wellbeing ie. acknowledging the past How we evolve the role/ scope of the OHS regulator in Mental Wellbeing (no shared view) & in prevention

7. Your health & safety feedback …concerned by the increasing focus on safety culture, tailored health and safety systems and health and wellbeing… we do not believe that these are the functions of a regulator whose primary purpose is ensuring that workplaces are compliant with the law Terms such as 'safety culture' 'positive safety culture' 'business systems' and 'quality business systems' must be clear and unambiguous. These terms mean different things to different people… …In our view a focus on such 'business' and 'culture' aspects must not detract, confuse or marginalise Worksaferegulatory functions …concerned about the focus on 'safety cultures' and 'business systems'… grateful that there are strong indications this part of the strategy is underpinned by consultation and engagement but words need to be included: “in particular with social partners (i.e. unions and employer associations)” …build upon provisions in the Act in strategically supporting Health and Safety Representatives in workplaces to build effective local issue resolution processes and procedures

8. Your health & safety feedback The OHS strategy appears devoid of actual injury reduction targets… strategy should include specific measureable outcomes specified by injury type Need to acknowledge the constraints of [claims] as a measurement tool for health and safety performance … concern that the OHS focus outlined in the strategy appears uncertain and without specific measureable outcomes which lead to fewer injuries and deaths The use of broader measures than workers compensation data for measuring OHS performance must be included in the Strategy including the legitimate role for feedback and intelligence from social partners into the Strategic Prevention activities. There needs to be a link to the National OHS Strategy as we consider that Victoria should continue to be a key player in its implementation… Discussion paper lacking in relation to activities to address known hazards and targeted industries.

9. Your mental wellbeing feedback The management of the risks to psychological health are not new in OHS and are not limited to bullying… Mental wellbeing is not defined and there is a lack of acknowledgement of the work undertaken by Worksafe as the OHS regulator over a number of years … …[we] have for many years been engaged with WorkSafe and other stakeholders in the development of strategies to identify, assess and control stress related hazards…the ‘Mental wellbeing’ document doesn’t acknowledge this significant work and the learning from its limited implementation… …we emphasise theneed for WorkSafe to acknowledge and build upon the considerable body of excellent work and guidance material …numerous 'standards' reflected in Worksafe publications which adopt Worksafe regulatory approach to focus on the 'control' of risks. The issue should be broken into 3 components:OHS - referred to as risks to psychological health; Claims management; & RTW as each will have a different approach

10. Your mental wellbeing feedback …concerns about where the role of the workplace, and that of WorkSafe, should start and finish …include reference to “work” in the topic title… …the task remains for WorkSafe to develop effective compliance tools and measures and we urge the focus remain on the regulator’s role …not convinced that it is the role of a workplace health and safety regulator to be involved in researching and sharing knowledge about investment in wellbeing programs …the strategy needs to provide clear guidance on what compliance is… WorkSafe should limit its activities to addressing work related mental health problems such as work related stress, bullying and fatigue…… concerns that involvement in areas of personal health blur the lines between WorkSafe’s role as OHS regulator and workers compensation provider …consider the proposed measure of success is problematic

11. Our strategic themes have evolved Prevention Return to Work Claims Mgmt Covers Health & Safety Program Development & Delivery (i.e. includes the strategic operating framework) Premium Mental wellbeing Medical & allied health Common law Service delivery People IT & systems Performance analysis & research

12. Next steps SRG discuss key themes & response to feedback Update on 2012/13 corporate plan (Jun 28 SRG) WorkSafe 2017 further discussed at Board meeting Draft Corporate Plan reviewed 1:1 meetings with general manager operations (30 Apr- 11 May) Commencement of 2012/13 initiatives Public release of WorkSafe 2012-2015 Corporate Plan

13. Prevention Strategy Update • 2017 at a high level • Progress on 2012/13

14. 2017- PreventionStrategy snapshot Page 14

15. Prevention5 year road map Year 1 Year 2 Year 3 Year 4 Year 5 Road Map Priority Awareness raising 1 Review the evidence Leverage WorkSafe’s communications as a tool to encourage employers to comply and adopt a more systematic approach to OHS Priority Dealing with hazards 2 Improve targeting processes Ensure alignment of risks/targets with SOF Identify and prioritise hazards and their root cause Priority Evolving our approach Look at our own work processes to better utilise our employer focussed interventions and other tools 3 Encourage employers to reflect and act on the systems of work that have led to a failure Encourage employers to manage their OHS in a systematic way Priority Ongoing regulatory functions Review of PSD regulatory reform options 4 Ongoing reform of mandatory OHS regulatory functions Page 15

16. Strategy 2017- “Systems and OHS regulation” Thinking we went out with There isn't a shared view about what ‘a systematic approach’ is or what it means for us in our work ‘Systems’ don’t guarantee good OHS Some of us ‘do it now’ It can’t and it shouldn’t displace our C&E role … ever It’s all part of our evolution as a regulator • Feedback: • Stakeholders • Group Leaders • WorkSafe staff • Operations Leadership Team • PSD Leadership Team

17. What ‘evolving our approach’ means WorkSafe needs to keep looking for the next set of ideas to throw into the mix with our traditional compliance and enforcement approach, and emerging employer focussed tools to gain ground in the fight against injuries. So: In the near term we will look at OUR OWN WORK PROCESSES to better utilise our employer focussed interventions where our visits and notices aren't leading to sustained change, and for cohorts of employers where it makes sense. Over the medium term we need to get more uniform in how we use our workplace interventions to encourage employers to reflect and act on the SYSTEMS OF WORK (as per the OHS Act 2004 s.21(2) (a)) that have led to a failure, rather than applying a band-aid solution to go back next month to put another one on. Over the longer term we've got to encourage employers to manage OHS at their workplace in a SYSTEMATIC WAY(which in some cases may involve them applying a certified auditable system from the market) while acknowledging that as a regulator we will never walk away from enforcing the law in their workplaces.

18. Progress on 2012/13 • Positive feedback • Board • Executive Leadership Team • Operations • VTHC/ VCEA

19. High level priorities for 2012/13 • Hazards • Lifting, lowering and shifting • boxes, crates, bags, people • Dangerous machines • Cohorts • Construction • Transport • HSRs • Agriculture • Health issues • Asbestos • Worker- psychological • Focus areas • Transport • Storage • Warehousing • Aged care • Manufacturing • Grocery • Meat processing • Construction

20. The big 5 Our thinking on the method The problem Awareness and compliance (July- onwards) Awareness then compliance and more (July- onwards) A single source of information Empowered through better service offering Keep going • Manual handling • Dangerous machines • Asbestos • Health and safety reps • Construction

21. Key ingredients for campaign design • Field and enforcement ‘smell test’ for relevance, applicability and targeting • Key stakeholder groups engaged early and involved in implementation (eg. manual handling, dangerous machines)

22. Key things coming up for SRG • Outline of manual handling and dangerous machines campaign • The Caple Report on HSR support • Update on process for reviewing public info materials for psychological hazards

23. Update on National Health and Safety Reform Angela Jolic & Liz Bailey Stakeholder Reference Group 26 April 2012

24. National WHS Laws Update • Victoria, WA and SA have delayed implementation of the national WHS laws. Implementation will commence in Tasmania on 1 January 2013 and has already commenced in the remaining jurisdictions • Summary of Supplementary Impact Assessment released: • Assessed 20 key changes between current Victorian laws and the proposed national laws • Showed that only 3 of the 20 key changes were likely to have a positive impact on Victorian businesses • Found the total cost to Victoria of adopting national WHS laws to be $3.44 billion over 5 years (net present value) • This includes transition costs of $812 million and annualised ongoing costs to business in the order of $587 million a year over the first 5 years • Government is currently considering the implications of this Assessment • COAG met on 13 April and agreed the national WHS laws will be reviewed by the end of 2014

25. Report on national OHS forums Strategic Issues Group – WHS 13 April meeting • Agreed to consideration of Model Mines Regulations at 17-18 May meeting • Agreed amended Implementation TAG Terms of Reference • Agreed Draft Code of Practice Tree trimming and removal – crane access method to Safe Work Australia Members Group for approval • Agreed to tree trimming and removal guidance

26. Report on national OHS forums Next Safe Work Australia Members Group Meeting on 27 April will consider: • Process for managing urgent issues arising with the implementation of WHS legislation • Draft Safe Work Australia Strategic Plan 2012 -15 • Draft Safe Work Australia Operational Plan 2012 -15 • Mandatory inclusion of WHS reporting in annual reports – discussion paper for public comment

27. Heads of Workplace Safety Authorities (HWSA) Next HWSA meeting on 26 April will consider: • Regulators Harmonisation Project – Status Update on all Phase 2 items, proposed change to harmonised guidance workplan, and updated HWSA Memorandum of Understanding for sign off • Final reports on previous cross-jurisdictional projects (Safe Design, Manufacture and Supply of Plant; and Worker Safety on or near Public Roads) • Cross-jurisdictional funding proposal on Quad Bikes Research • Proposal to re-establish regular cross-jurisdictional inspectorate forum • Proposed amendments to HWSA harmonised Guidance Policy • Process for dealing with WHS Implementation Issues • WHS Act exemption proposal to NSW from Habitat for Humanity

28. Any Questions?

29. CloseMarlo Baragwanath Next SRG meeting - 31 May 2012, 2 - 4pm